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'The recognised exceptions are so limited, and the effects of the Contracts Act 1999 are so minimal, that the traditional rule that Equity will not assist a volunteer remains virtually intact - is this statement an accurate assessment of the law regarding
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| Submitted: Mon Jun 19 2006
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'The recognised exceptions are so limited, and the effects of the Contracts (Rights of Third Parties) Act 1999 are so minimal, that the traditional rule that "Equity will not assist a volunteer" remains virtually intact' Is this statement an accurate assessment of the law regarding the constitution of trust? The aim and purpose of the equitable maxim; "Equity will not assist a volunteer", is to prevent the enforcement of incompletely-constituted trusts on behalf of beneficiaries who have not provided valuable consideration in the eyes of the law. A volunteer is a beneficiary of property which the settlor has entered into a covenant with a third party to settle on trust for them. Usually, a volunteer cannot obtain specific performance to enforce the trust unless they are allowed to stand in the third parties' place. There are arguably three principle methods where one can do this; firstly in a circumstance of donatio mortis...
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